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Are you paying Mandatory Repatriation Tax and GILTI Tax? Uncategorized

Are you paying Mandatory Repatriation Tax and GILTI Tax?

  • February 14, 2024February 14, 2024
  • by taxpower

The 2017 Tax Cuts and Jobs Act (“TCJA”) redefined the U.S. Tax Code as regards U.S. shareholders owning greater than 9% of foreign corporations by requiring them to pay a Mandatory Repatriation Tax on post 1986 accumulated undistributed income, that was previously deferred until those earnings were distributed (or deemed distributed) to the U.S. shareholders. The tax is often referred to as a Transitional Tax and the foreign corporations as Specified Foreign Corporations (“SPFC”).

In addition, the TCJA created a new concept in response to claims that American shareholders of foreign corporations located in No or Low Tax jurisdictions that they must currently pay tax on non asset generated income  that escaped taxation by foreign countries. This is known as the Globally Intangible Low Taxed Income (GILTI) tax. Under GILTI, the earnings of certain foreign corporations that is “deemed” distributed is included in the U.S. shareholder’s taxable income as well.

On the Supreme Court of the United States (“SCOTUS”) calendar this year is a case commonly referred to as “Moore” which challenges the constitutionality of the MRT. Should the SCOTUS rule in favor of Moore (and not the U.S. Government), not only the MRT be ruled as a violation of the 16th Amendment, but also the GILTI tax as well as possibly the deemed distribution provisions that concern Subpart F.

Although some believe it unlikely that SCOTUS will rule against the government, given the irrevocable impact that such a ruling would have, should the SCOTUS rule in favor of Moore, refunds may be available to taxpayers who made payments during “open” years. By statute, with certain exceptions, most income tax years are closed to IRS assessments and taxpayer refund claims based on the later of three years of the due date of the tax return or two years after a tax is paid.

In this regards, as taxpayers had the option of paying the MRT over 8 years, some of those years may remain open (as well as years for which the GILTI tax applied should that be deemed unconstitutional as well). However, as a ruling is not anticipated until August, 2024, affected taxpayers may wish to consider possibly filing what is known as a “protective refund claim” for those years that remain open at this time. Accordingly, should you fall into this scenario, you may wish to discuss this with your tax advisor.

Advanced Child Tax and Earned Income Tax Credit Refund Delay-So File Early Uncategorized

Advanced Child Tax and Earned Income Tax Credit Refund…

  • February 14, 2024
  • by taxpower

If you are middle income young taxpayers with young children, or earning less than the poverty line, file early as those refunds will be delayed.

In the early days of electronic filing, IRS used to publish an expected refund schedule that showed that most people who filed withing a specific date range should receive their tax refunds within 7-10 days by using electronic deposit and a few days more if they requested a paper check. However, due to a number of factors, including taxpayer abuses and fraudulently filed returns, IRS now states that most people can expect their refunds within 21 days. Below is the 2024 IRS schedule.

Yet IRS recently announced that those who submit a return that claims wither the refundable Advanced Child Tax Credit (ACTC) or the Earned Income Credit (EITC) may need to wait longer, possibly 5-7 weeks, assuming that the return is not selected for further review, which could delay processing the return until it is reviewed by an agent. I can only imagine that the reason for the delay is closely connected with the significant number of abuses that occurred when Congress approved the massive stimulus payments sent to people during the Covid-19 crisis. As a taxpayer, I certainly can’t blame the IRS for exercising caution in this regard.

However, as a tax professional, I also realize that many people use extra withholding as a means of saving throughout the year and often file early looking forward to their refund, and that many of these are middle income young parents who also qualify for the refundable AOTC as well. Unfortunately, there is nothing that can be done about that, but you can expedite the return processing by not claiming huge deductions relative to your income especially medical and charitable contributions without attaching receipts, filing before you receive all third party tax notices and forms reporting income (and withholding), not reviewing your tax return (even if prepared by a professional tax return preparer) to ensure that all income is reported.

The following is the refund schedule for returns without ACTC and EITC:

ACTC/EITC Refund approved by IRS  ACTC/EITC Direct deposit sent by IRS ACTC/EITC Paper check mailed by IRS 
January 29, 2024 February 27 to March 3, 2024 March 5 to 9, 2024
February 5, 2024 March 4 to 8, 2024 March 12 to 16, 2024
February 12, 2024 March 11 to 15, 2024 March 18 to 22, 2024
February 19, 2024 March 18 to 22, 2024 March 25 to 29, 2024
February 26, 2024 March 25 to 29, 2024 April 1 to 5, 2024
March 4, 2024 April 1 to 5, 2024 April 8 to 12, 2024
March 11, 2024 April 8 to 12, 2024 April 15 to 19, 2024
March 18, 2024 April 15 to 19, 2024 April 22 to 26, 2024
March 25, 2024 April 22 to 26, 2024 April 29 to May 3, 2024
April 1, 2024 April 29 to May 3, 2024 May 6 to 10, 2024
April 8, 2024 May 6 to 10, 2024 May 13 to 17, 2024
April 15, 2024 May 13 to 17, 2024 May 20 to 24, 2024

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  • URGENT PHISHING/ SCAM FRAUD ALERT!!
  • IRS Paper Refund Checks Ending – Payment by Check Still Accepted
  • Are you paying Mandatory Repatriation Tax and GILTI Tax?
  • Advanced Child Tax and Earned Income Tax Credit Refund Delay-So File Early

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Recent Posts

  • NYC Deficit Puts the Squeeze on Vital “1127” Nonresident NYC Employees including NYPD, NYFD, Sanitation
  • URGENT PHISHING/ SCAM FRAUD ALERT!!
  • IRS Paper Refund Checks Ending – Payment by Check Still Accepted
  • Are you paying Mandatory Repatriation Tax and GILTI Tax?
  • Advanced Child Tax and Earned Income Tax Credit Refund Delay-So File Early

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